[Ord. 2017-03, 3/8/2017]
The Borough designates Pennsylvania Municipal Service Company
as its exclusive agent for purposes of collecting delinquent sewage
fees as well as any and all penalties, interest and costs assessed
and levied pursuant to all resolution and/or ordinances respecting
said taxes, during the period of this agreement.
[Ord. 2017-03, 3/8/2017]
The Borough hereby designates and authorizes Pennsylvania Municipal
Service Company by and through its legal counsel to appear before
any District Justice or any other appropriate court on behalf of the
Borough in those cases in which Pennsylvania Municipal Service Company
determines legal action would be appropriate means of collecting the
delinquent sewage fees and any penalties, interest, costs and reasonable
costs due and owing.
[Ord. 2017-03, 3/8/2017]
Because Pennsylvania legislature adopted Act 1of 1996 and Act
20 of 2003 (hereinafter "Act 1" and "Act 20") to allow a municipality
to approve reasonable costs, charges and expenses ("reasonable costs")
which may be imposed on the delinquent ratepayer, collected and retained
by the delinquent fee collector; and, the Borough desires to exercise
all of its legal authority in accordance with the legislative pronouncements
set forth in Act 1 of 1996 and Act 20 to encourage the collection
of delinquent fees and to eliminate the expense associated with such
collections by imposing the reasonable costs on the delinquent ratepayer,
the Borough and Pennsylvania Municipal Service Company agree as follows:
1. The Borough
designates Pennsylvania Municipal Service Company as its exclusive
agent for purposes of collecting delinquent sewage fees including
all penalties, interest, costs, reasonable costs, attorney fees, etc.
assessed and levied pursuant to the Borough's resolutions and/or ordinances.
2. The Borough
set forth approves the following reasonable costs to be paid to Pennsylvania
Municipal Service Company by the delinquent ratepayer:
A. A sum
of 10% of gross collections of all delinquent sewage fees plus delinquent
costs, charges and expenses prior to the initiation of enforced collection
proceedings before the District Justice or other court and the amount
of 20% of gross collections plus delinquent costs, charges and expenses
on or after the initiation of enforced collection proceedings before
the District Justice or any other court. Said amount shall be deemed
compensation and reasonable costs for services rendered by Pennsylvania
Municipal Service Company in the collection of delinquent sewage fees.
B. For purposes
of this provision, the term "gross collections" shall mean the original
tax plus applicable penalties and interest.
C. In addition
to the amounts set forth in Subsection 2A and B, any attorney's fees,
posting fees and notice fees related to collection of delinquent fees,
interest, penalty or other charges shall be paid by the delinquent
ratepayer as part of the reasonable costs to be paid to Pennsylvania
Municipal Service Company by the delinquent ratepayer. A schedule
of said charges, costs and expenses is set forth as Appendix A to
this Part.
D. Such reasonable
costs, together with and including costs, reimbursement for postage
and other out-of-pocket expenses, shall be collected directly from
the delinquent ratepayers in accordance with Act 1 of 1996 and Act
20 of 2003 and all other applicable laws.